by MATTHEW HAYS

Two summers ago, it seemed the issue of same-sex marriage in Canada had been put to rest. After several provincial courts across the country had deemed denying marriage licences to gay and lesbian couples unconstitutional, the federal Liberal government moved to make the law consistent from coast to coast. It was a tight race, but they won.

During the last federal election, Conservative leader Stephen Harper promised the issue would rise again—this time, in free-vote form after his party took power. They did, in minority form, and have now promised to do just that. Gay rights advocates were quick to point out that free votes are often pointless and don’t lead to any action.

But now the Globe and Mail has revealed that the Conservative government is cooking up legislation that would purportedly protect institutions from legal challenges. If a church or organization wants to decline to marry gays and lesbians, the reported plan indicates, they would not be open to a charter challenge.

For Mark Jordan, the American academic who has written extensively about issues surrounding same-sex marriage and the Catholic Church, the move is a surprising one for a Canadian government. “To many of us in America, Canada is this enlightened bastion,” he says. “The new proposed legislation make for a curious kind of argument about church-state relations. Churches already have the right to regulate their own rituals. But this proposal would make churches exempt from basic human rights legislation. If a church in Canada wanted to discriminate on the basis of race, this legislation would protect them in doing so. I think that would provoke a huge reaction.”

In a media universe where the issues surrounding same-sex marriage or unions is often simplified, Jordan has consistently and eloquently analyzed the nuances and complexities of the debates. His 2005 book, Blessing Same-Sex Unions: The Perils of Queer Romance and the Confusions of Christian Marriage (U of Chicago Press), is a sharp and insightful analysis of the furor ignited in America about the issue.

Modern Bride as theology

Jordan chides both sides in the debate. The religious right, he points out, is ludicrous to suggest that the idea of same-sex nuptials is an attack on biblical tradition. “At most church weddings, the person presiding over the ritual is not a priest or a pastor, but the wedding planner, followed by the photographer, the florist and the caterer… more wedding theology is supplied by Modern Bride magazine or reality television than by any of the Christian treatises on holy matrimony.”

As well, most of the anti-same-sex marriage arguments presuppose a tidy division between church and state. “People must remember that people used the Bible as a way to legally defend slavery,” he notes. As well, he has little time for the argument that marriage is a union about procreation, and therefore must exclude same-sex couples, who are biologically incapable of procreation. “That’s a version of an old Catholic argument. Marriage is not just centrally about procreation, and hasn’t been for some time. It has often been about dynasty or transfer of property. Marriage between heterosexuals has always been about a dozen things, not just one.”

While a full supporter of equality rights for all, Jordan also expresses concern about the wedding-planner bandwagon—even the one draped in the rainbow flag. “Far from being something we should enter into, I think it’s something we should be challenging. Don’t necessarily get on this train—stop it and change its direction. Ultimately, I think the government has no right privileging certain types of marriage. In a pluralistic democracy, religion should be removed from government. There should be domestic partnerships. Then it is up to churches to decide on specific questions. What role do Christians want to play in blessing erotic relationships?”

Closet still closed

Jordan is also mystified by the scandal surrounding Mark Foley, the congressman who was forced to resign over a week ago after an e-mail trail revealed sexual overtures to teenage pages. Foley was an avowed Catholic and conservative Republican, often talking about protecting children and was also a harsh critic of Clinton during the Monica Lewinsky scandal.

“I think the Foley scandal says a lot about the closet. Everyone knew Foley was gay—he was outed in the Advocate a decade ago. Everyone had to collaborate with him to keep this secret.” n

Mark Jordan will deliver his talk, “Blessing Same-Sex Unions To Save Christian Marriage,” today, Thursday, Oct. 12, at 5:30 p.m. at Concordia’s Hall Building, H-110